Chair Rennels opened the hearing with the Pledge of
Allegiance and asked for public comment on the County Budget and Land Use
Code. No one from the audience addressed the Board regarding these topics.

Chair Rennels noted for the record that a
mis-publication of changes has resulted in an improper public notification,
disallowing the Board of County Commissioners to proceed with the 2nd
reading of the Larimer County Animal Control Ordinance as listed on today’s
agenda. Therefore, today’s reading will be an additional 1st reading
to state the changes made to the amendment since the original reading on June
1, 2009.

Chair Rennels explained that the following item was
on the consent agenda and would not be discussed unless requested by the Board,
staff, or members of the audience:

1. CARVER SUBDIVISION LOTS 6 AND
7 AMENDED PLAT AND LOT SIZE APPEAL, FILE #09-S2883:
This is a
request to amend the plat of the Carver Subdivision in order to adjust the lot
line between Lots 6 and 7. This request includes a lot size appeal to decrease
the size of Lot 7 from 16,557-square-feet to 11,533-square-feet to accommodate
an existing structure. The minimum lot size for this zoning district is
10-acres.

The proposed plat amendment to the Carver
Subdivision will not adversely affect any neighboring properties or any county
agency, nor will the amendment result in any additional lots. Staff has found
that the request meets the requirements of the Larimer County Land Use Code and
recommends approval of the Amended Plat of Lots 6 & 7, Carver Subdivision
and a Lot Size Appeal, file #09-S2883, subject to the following conditions (and
authorization for the chairperson to sign the plat when the conditions are met
and the plat is presented for signature):

1. The final plat shall
be recorded by December 22, 2009, or this approval shall be null and void.

2. Prior to the recordation
of the final plat, the applicant shall make the technical corrections requested
by the Land Surveyor of the Larimer County Engineering Department.

3. Prior to the
recordation of the final plat, the applicant shall make the technical
corrections requested by the Larimer County Assessor.

M O T I O N

Commissioner Donnelly moved that the Board of County
Commissioners approve the Consent Agenda as published.

Motion carried 3-0.

2. LAND USE CODE AMENDMENTS
REGARDING APIARY, FILE #09-CA0095:
This is a request from the Planning
Commission to amend the Larimer County Land Use Code, Section 4.3.1.I, as
follows (Text to be deleted is crossed out, text to be added is underlined):

Section 4.3.1. Agricultural uses.

I.
Apiary.
An assembly of one or more colonies of bees at a single location. An apiary
must meet the following standards:

1. Hives.
All bee colonies shall be kept in removable frame Langstroth type
hives with removable frames, which shall be kept in sound and usable
condition.

2. Fencing
of flyways. In each instance in which any colony is situated within 25 feet of
a public or private property line of the lot upon which the apiary is situated,
as measured from the nearest point on the hive to the property line, the
beekeeper must establish and maintain a flyway barrier at least six feet in
height consisting of a solid wall, fence, dense vegetation or combination
thereof that is parallel to the property line and extends ten feet beyond the
colony in each direction so that all bees are forced to fly at an elevation of
at least six feet above ground level over the property lines in the vicinity of
the apiary.

3
2
. Water.
Each beekeeper must ensure that a convenient source of water is available at
all times to the bees. so that the bees will not congregate at swimming
pools, bibcocks, pet water bowls, birdbaths or other water sources where they
may cause human, bird or domestic pet contact.

4
3
. General
Maintenance.Each beekeeper must ensure that no bee comb or other materials
that might encourage robbing are left upon the grounds of the apiary site. Upon
their removal from the hive, all such materials must be promptly disposed of in
a sealed container or placed within a building or other bee-proof enclosure.There shall be no outdoor storage of any beekeeping or hive materials that
are not being used as part of a hive.

5
4
. Queens.
In any instance in which a colony exhibits unusually aggressive characteristics
by stinging or attempting to sting without due provocation or exhibits an
unusual disposition towards swarming, it shall be the duty of the beekeeper
to requeen the colony. Queens must be selected from stock bred for
gentleness and nonswarming characteristics.

6
5
. Colony
densities.

a. No
more than the following number of colonies may be kept on any lot, based upon
the size or configuration of the lot on which the apiary is situated:

1. One-quarter
acre or less lot size - two colonies;

2. More
than one-quarter acre to one-half acre lot size - four colonies;

3. More
than one-half acre to one acre lot size - six colonies;

4. More
than one acre or larger lot size - eight colonies; and

5. Regardless
of lot size, where all hives are situated at least 200 feet in any direction
from all property lines of the lot on which the apiary is situated, there shall
be no limit to the number of colonies.

1.
On lots of 15,000 square feet or less – four colonies are allowed.

2.
On lots of more than 15,000 square feet – two additional colonies are allowed
for each 7,500 square feet in excess of 15,000 square feet.

b. For
each two (2) colonies authorized allowed under the colony
densities, subsection (a) above, there may be maintained upon the same lot oneeight temporary nucleus colonycolonies. Thein a
hive structure shall not exceeding one standard nine and
five-eighths inch depth ten frame hive body with no honey super(s) attached as
required from time to time for management of swarms and for rearing of
queens. Each such temporary nucleus colony must be disposed of or
combined with an authorized colony within 30 days after the date it is
acquired.

c.
An apiary consisting of more than 75 colonies must maintain a distance of at
least 200-feet from any property line.

B. Fireworks stands. Temporary
fireworks stands are allowed in the B-Business, C-Commercial, I-Industrial and
I-1 Industrial zoning districts from June 16 to July 5. A setback and use
permit issued by the building department is required for each temporary
fireworks stand.

C. Christmas tree stands. Temporary
Christmas tree stands are allowed in the B-Business, C-Commercial, I-Industrial
and I-1 Industrial zoning districts from the day after Thanksgiving to the day
after Christmas. A setback and use permit issued by the building department
is required for each temporary Christmas tree stand.

Section 4.3.10

F. Accessory living area. Finished
habitable space in a single-family dwelling or in a detached building that is
clearly accessory to the single-family dwelling. Accessory living area may
contain a complete dwellingliving unit.

Section 4.3.10.L.3

3. The hub height of the wind generator must not
exceed 40 feet. The height of a vertical axis turbine is measured at the
top of the generator.

Section 4.6.3.B

B. The special circumstances, condition or situation
isare not the result of actions or inactions by the applicant or
the current owner;

Section 4.7.3.F

F. There is reasonable justification for the use
being at the proposed location rather than in a municipality, county
approved growth management area, or where zoning would allow the use by
right or by special review;

Section 8.01

Other governmental entities such as cities, town and special
districts, may have ordinances, resolutions or regulations that apply to
development, zoning or other processes. The county’s reference to these
ordinances, resolutions or regulations or the county’s requirement that
applicants comply with them does not obligate the county to enforce such
ordinances, resolutions or regulations by withholding building permits or
through other legal processes.

Section 12.2.7

E. Resubmittal of an application.

A development application denied by the county commissioners may
be resubmitted only if the applicant makes significant changes to address the
reasons stated for the denial. The planning director will determine if the
changes are sufficient to allow a resubmittal. The decision of the planning
director can be appealed to the county commissioners.

Section 5.13.4.G

G. Resubmittal of an application.

1.
A preliminary plat application denied by the county commissioners
may be resubmitted only if the applicant makes significant changes to address
the reasons stated for the denial. The planning director will determine if the
changes are sufficient to allow a resubmittal. The decision of the planning
director can be appealed to the county commissioners.

2. Any
preliminary plat application may be resubmitted without changes more than 12
months after a county commissioner denial.

M O T I O N

Commissioner Donnelly moved that the Board of County
Commissioners approve the Land Use Code Amendments Regarding Housekeeping
Items, file #09-CA0096, Larimer County Land Use Code, Sections 4.3.9.B,
4.3.9.C, 4.3.10.F, 4.3.10.L.3, 4.6.3.B, 4.7.3.F, 8.01, 12.2.7, and 5.13.4.G.

Motion carried 3-0.

4. AMENDMENTS TO THE LARIMER
COUNTY ANIMAL CONTROL ORDINANCE, 1st READING:
As noted above,
this is to be considered an additional 1st reading of the proposed
amendments to the Larimer County Animal Control Ordinance. This reading is
designed to illustrate the changes made to the proposal since the original
reading on June 1, 2009.

The proposed amendments are as follows: (text to be
deleted is crossed out and text to be added is underlined)

Section
6-1. Definitions.

Pet
animalmeans any animal owned or kept by a person for companionship or protection
or for sale to others for such purposes.Means dogs, cats,
rabbits, guinea pigs, hamsters, mice, ferrets, birds, fish, reptiles,
amphibians, and invertebrates or any other species of wild or domestic or
hybrid animal, except livestock, sold, transferred or retained for the purposes
of being kept as a household pet. Pet animal includes dogs and cats kept for
working purposes on a farm or ranch.

ARTICLE
IV. CONTROL OF ANIMALS

Section 6-77. Disturbance of the peace and quiet
prohibited.

Each owner or keeper of a pet animal in the county
shall not permit such pet animal to disturb the peace and quiet of any person
by barking, whining, howling, yowling or making any other noise in an
excessive, on-going, or untimely fashion. If any pet animal does so disturb the
peace and quiet, its owner or keeper shall be deemed guilty of a violation
of this section, may be prosecuted as provided in the Larimer County Noise
Ordinance provided that such owner or keeper shall not be so charged
with a violation of this section unless they, or a member of their
household over the age of 18 years, has received a written warning from an
animal control officer of a previous complaint at least once within the
preceding 12 months. This section shall not apply to dogs located in a kennel,pet animal facility, as defined in the Larimer County Comprehensive
Zoning ResolutionLand Use Code, which if required to be
licensed, has been validly licensed pursuant to the Pet Animal Care and
Facilities Act, C.R.S. § 35-80-101, et seq. or other applicable law and whichfacility is allowed as a use by right or has been approved for use as
a kennel by special review or minor special review by the Larimer
County Board of County Commissioners so long as the pet animal facility is
operated in accordance with the conditions of the special review or minor
special review approval.

(Res.
No. 111220020001, § IV(B), 10-10-2002)

Section
6-80. Improper care or treatment prohibited:

(a) No owner or keeper of a pet
animal shall fail to provide that pet animal with sufficient, good, and
wholesome food and water, proper shelter and protection from the weather,
veterinary care, when necessary, and such other care as is customary and
necessary for the pet animal's health and well-being, considering the species,
breed, and type of animal.

(b) No person shall beat, cruelly
ill-treat, torment, overload, overwork, or torment, overload,
overwork, otherwise abuse or needlessly kill a pet animal, or cause,
instigate, or permit any dogfight, cockfight, bullfight, or other combat
between pet animals or between pet animals and humans, nor shall any person
transport or confine a pet animal in or upon any vehicle in such a manner as to
endanger the animal's health or life.

(c) No owner or keeper of a pet
animal shall abandon such pet animal.

(d) A person may not restrain a dog by
a fixed point chain or tether for a period of time or under conditions that an
animal control officer or animal cruelty investigator deems harmful or
potentially harmful to the animal.

Examples
of improper chaining or tethering include, but are not limited to, the
following:

(1)
Using a chain or tether made of rope, twine, cord, or similar material.

(2)
Using a chain or tether that is less than 10-feet in length and/or does not
have swivels on both ends. All chains or tethers must be attached to the animal
by means of a properly fitting harness or collar of not less than one inch in
width. A person may not wrap a chain or tether around a dog’s neck.

(3)
Using a chain or tether that is too heavy or too big for the size and weight of
the animal so that the animal is prohibited from moving about freely.

(4)
Allowing an animal to be chained or tethered such that the animal is not
confined to the owner’s property or such that the chain or tether can become
entangled and prevent the animal from moving about freely, lying down
comfortably, or having access to adequate food, water, and shelter.

(5)
Using a chain as a primary collar. All collars used for the purpose of chaining
or tethering an animal must be made of nylon, cotton, leather, or similar
material.

(Res.
No. 111220020001, § IV(E), 10-10-2002)

Section
6-84. Neighborhood request for stricter controls.

(a) Upon receipt of a written
request setting forth the legal description of a proposed "stricter animal
control area" signed by a majority of persons who certify that they own
real property or reside within the boundaries of the proposed "stricter
animal control area," which proposed "stricter animal control
area" has an average population density of not less than 100-persons per
square mile, the board of county commissioners may designate, in its
discretion, a stricter animal control area in which:

(1) The definition of "at
large" will be modified to provide that a dog must be physically
controlled by a human being by means of a leash or lead held by a human being
or must be confined by means of a fence or other enclosure which restrains the
animal to the owner's or keeper's real property or other real property that the
owner or keeper has permission to use; and/or

(2) Such other restrictions as may
be requested.

(3) Fences which are intended as
enclosures for any animal shall be securely constructed, adequate for the
purpose and kept in good repair.

(b) A "stricter animal control
area" may be designated by the board of county commissioners by amendment
to this chapter following the procedures for adoption set forth in Part 4 of
Article 15 of Title 30, Colorado Revised Statutes.

The Board took no action on this item. The 2nd
reading of the amended ordinance is scheduled for July 20, 2009, at 3:00 p.m.

5. LAND USE CODE AMENDMENTS
REGARDING RED FEATHER LAKES BUSINESS ZONE, FILE #09-CA0093:
This is a
request from the Planning Commission to make changes to the adopted Land Use Code
to Sec. 4.1.23.A RFLB-Red Feather Lakes Business Zoning District, to allow
trade use as a special review use; also related housekeeping amendments to
Sections 4.1.18.A, 4.3.7.B.1 and the zoning table. The proposed changes are as
follows (text to be deleted is crossed out, text to be added is underlined):

Sec. 4.1.23 RFLB-Red Feather Lakes
Business.

A. Principal uses:

25. Trade use (S)

Sec. 4.1.18 C-Commercial.

A. Principal uses:

34. Trade use (R) (R/S)-See section 4.3

Sec. 4.3.7.B.
Trade use.
A business or
occupation requiring specialized training in a manual or mechanical skill,
including but not limited to carpentry, plumbing, sheet metal, electrical, auto
repair, heating, ventilation and air conditioning, furniture upholstery, and
machine shops. A trade use with accessory outdoor commercial storage
requires approval through the special review process in the AP-Airport and
RFLB-Red Feather Lakes Business zoning districts.

M O T I O N

Commissioner Johnson moved that the Board of County
Commissioners approve the Land Use Code Amendments Regarding Housekeeping
Items, file #09-CA0096, Larimer County Land Use Code, Sections 4.3.9.C,
4.3.10.F, 4.3.10.L.3, 4.6.3.B, 4.7.3.F, 12.2.7, and 5.13.4.G.

1. PUBLIC COMMENT:
Judy Boyle,
President of the Highland Farms Home Owners’ Association addressed the Board to
discuss the county’s use of a private irrigation ditch to deliver water to The
Ranch. Ms. Boyle stated that the home owners’ association and the county have
been in discussion for years trying to generate an easement and agreement for the
use of a private ditch. Ms. Boyle asked the Board to advise the County
Attorney to offer a fair and equitable agreement at the meeting on June 25, 2009,
so that the process does not drag out any longer than it already has.

Chair Rennels assured Ms. Boyle that the Board would
commit to trying to find a solution to the problem and encourage a speedy
resolution.

Al Byrnes addressed the Board to discuss the removal
of a real estate sign he placed on the corner of his street. Mr. Byrnes explained
that he placed the sign on the corner of Edith Drive, in Cushmans Lakeview
Development, one evening and the next morning it had been removed. The next
day, Mr. Byrnes’ real estate agent received an email from Larimer County explaining
the sign had been removed and informing the agent where it could be retrieved.

Mr. Byrnes explained that the main portion of his
frustration lies in the fact that there are other, similar signs in the area
that have not been removed. To prevent this problem, he suggested a program,
run by the county, in which a sticker could be purchased and placed on the back
of a sign, permitting it to be placed alongside the road for a designated
period of time.

Mr. Miller stated that it is county policy to notify
a real estate agent about any sign complaints received. One week after
notification, the department notifies the agent again, and if the sign is not
removed within three days of the second notification, the county removes the
sign and informs the agent where it can be picked up.

Mr. Miller stated that since the sign Mr. Byrnes’s sign
was removed almost immediately, he does not believe this was done by the county;
however, he will look into the matter.

The Board also voiced their interest in implementing
a sticker program like the one suggested by Mr. Byrnes.

2. APPROVAL OF THE MINUTES FOR
THE WEEK OF JUNE 15, 2009:

M O T I O N

Commissioner Johnson moved that the Board of County
Commissioners approve the minutes for the week of June 15, 2009.

Motion carried 3-0.

3.
REVIEW OF THE SCHEDULE FOR THE WEEK OF JUNE 22, 2009:
Ms. Hart
reviewed the upcoming schedule with the Board.

4. DISCUSSION REGARDING TOWN OF
BERTHOUD INCLUSION IN THE AIMS JUNIOR COLLEGE TAX DISTRICT:
Dr. Marsi
Liddell, President of Aims Junior College, informed the Board of the new Aims campus
planned for completion between 2011 and 2013, in the town of Berthoud. Dr.
Liddell explained that following Aims’ announcement of these plans, the citizens
of Berthoud requested to be included in the college’s tax district in an effort
to receive which would result in decreased tuition rates for residents.

To address this request, Aims and the Town of
Berthoud will host a citizens meeting this evening. The meeting is intended to
answer questions and raise support for the 6.299 mils that would be assessed to
Berthoud residents, if annexed. Dr. Liddell stated that the college is
planning to place the proposed annexation on the November 2009 ballot.

Dr. Liddell did not request any action from the Board;
she only wished to inform them of the events. The Board thanked Dr. Liddell for
her time and voiced their support for the college.

5. CONSENT AGENDA:

M O T I O N

Commissioner Donnelly moved that the Board of County
Commissioners approve the Consent Agenda for June 23, 2009.

PETITIONS FOR ABATEMENT:
As
proposed by the County Assessor, the following Petitions for Abatement were
presented for approval: David and Jennifer Viegut; T and H Investments
LLC.

06232009A001 LARIMER COUNTY
HOUSE BILL 1451 PLAN MEMORANDUM OF UNDERSTANDING PURSUANT TO HOUSE BILL 04-1451
BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE LARIMER COUNTY
INTERAGENCY OVERSITE GROUP

06232009A002 LEASE AGREEMENT
BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND ANTONIOS AND EVANGELIA KATOPODIS

6. BE LOCAL NORTHERN COLORADO:
Gailmarie
Kimmel and Hill Grimmett, Co-Directors of Be Local Northern Colorado, addressed
the Board to request sponsorship of Be Local Northern Colorado’s 4th
edition coupon book. The book features coupons to local stores and restaurants
and is aimed at encouraging Northern Colorado residents to shop locally. The
book also contains a map of Northern Colorado food producers and the venues
that sell or serve food from these producers.

Last year, the Board sponsored the book in the
amount of $1200. This year, Be Local is requesting a sponsorship of $2,000 from
the Board. A sponsorship would result in the county’s logo being placed on
inside front cover of the coupon book, on other promotional items, and a
donation of 500 books to the Board.

Commissioner Johnson stated that due to the poor
economic climate, he was not comfortable spending such a large amount of tax
dollars in this manner.

Last year, the Board gave the coupon books away as
gifts to the county’s boards and commissions. Chair Rennels support for sponsorship
for the same amount as last year.

Ms. LaRue came forward and said that since the
sponsorship would result in multiple advertising opportunities, she could use
$600 of her advertising budget to reduce the amount of money required by the
Board. Commissioners Donnelly and Johnson stated they would support a donation
of $600 from the Commissioners’ Special Projects Fund.

M O T I O N

Commissioner Johnson moved that the Board of County
Commissioners approve sponsoring the 4th edition of the Be Local
Northern Colorado coupon book at the $1200 sponsorship level, with $600 from
Ms. LaRue’s advertising fund and $600 from the Commissioners’ Special Projects
Fund.

Motion carried 3-0.

7. HEALTH CLINIC:
Mr. Kirk, Ms.
Stultz, and Ms. Volkner addressed the Board along with Eric Rosales from Hays
Companies, (the county’s risk management, insurance, and employee benefits
consulting firm) and Tami Damiani from Healthstat, Inc. to request the Board’s
approval of the implementation of an employee health clinic.

If approved, the county would contract through
Healthstat, Inc. to staff, maintain, and monitor the clinic, (to be located at
2310 East Prospect Road, Unit D, in Fort Collins, Colorado) on behalf of the
county. The voluntary clinic would be available for use by county employees and
their dependents enrolled in the county’s medical insurance plan.

Commissioner Donnelly raised some questions about
the sharing of employee’s health information with the third party vendor, Hays
Companies. Ms. Damiani assured the Board that the information shared would be
done so in a de-identified format, compliant with HIPAA requirements. She
further explained that the information to be shared is the same as the
information shared between all other medical offices and insurance companies.
The de-identified information would be analyzed by Hays Companies who would, in
turn, generate reports on the number, type, and severity of illnesses/ailments
addressed by clinic staff. These reports would assist the county in identifying
trends in illnesses/ailments and provide an opportunity to devise and implement
better preventative measures.

Chair Rennels stated that she also had some concerns
about the sharing of the information but after further education, she was very
excited about the possibilities for the reports generated.

Ms. Volkner explained that the clinic would not be
mandatory but if an employee desired to utilize the clinic, he/she will be
required to complete a standard medical history questionnaire, like those
required by most medical offices. Employees who utilize the clinic would not be
charged a co-pay for visits and would be allowed to use “clinic leave” instead
of sick leave, to attend the appointment.

Commissioner Donnelly inquired about the liability
of the county if a suit were to be filed against the clinic. Mr. Rosales and
Ms. Damiani explained that the county would be covered by Healthstat Inc.’s
malpractice insurance and, therefore, would be protected against such
liabilities.

The Board voiced their support for the clinic due to
the success and savings of other similar programs in other counties.

M O T I O N

Commissioner Johnson moved that the Board of County
Commissioners approve the recommendation of Human Resources that an employee
health clinic be implemented for use by employees and dependents that are
enrolled in the county’s medical insurance plan by approving the following
agreements: 1) Health Risk Management Agreement; and 2) Lease Agreement for
Property at 2310 E. Prospect Road, Fort Collins, Colorado.

Motion carried 3-0.

06232009A003 HEALTH RISK
MANAGEMENT AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND
HEALTHSTAT, INC

06232009A004 LEASE AGREEMENT
BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND C AND C HOLDINGS, LLC

8. LEGISLATIVE ISSUE:
Mr. Gluckman
explained that Colorado Counties Inc. (CCI) has solicited the county for
potential legislative issues that the Board would like to be discussed during
steering committee meetings. Mr. Gluckman proposed the Board recommend two
potential legislative items: 1) counties’ lack of authority to require burn
permits in areas unregulated by fire districts and their desire to grant the
sheriff’s office power to enforce permit requirements; and 2) the lack of
authority granted to counties in the negotiation and creation of Urban Renewal
Authorities (URA) and Tax Increment Financing (TIF) diversions.

Major Smith explained that currently, owners with
property located outside of any fire district are required to receive a burn
permit from the county before commencing with a burn. However, the county, more
directly, the sheriff’s office currently has no power to enforce the requirement
or adherence to a permit until a fire becomes out of control. Major Smith
stated that likely supporters of the legislation would include counties in
forested areas, citizens worried about increased fire danger in areas affected
by pine beetles, and the State Fire Chiefs Association.

After some discussion amongst the Board and Major
Smith, it was determined that a need did exist for further discussion and
possible legislation regarding this issue.

Mr. Gluckman informed the Board that the county has
been requested to address problems encountered by counties during the creation and
regulation of URA’s and TIF’s. As these items cause problems for counties
across the state, likely supporters are CCI, special districts, and
municipalities.

The Board swiftly agreed to recommend this item to
CCI for further discussion and possible legislation.

9. ASSISTANT COUNTY MANAGER WORKSESSION:
Mr. Gluckman
stated he had no further items to discuss with the Board.

10. COMMISSIONER ACTIVITY REPORTS:
The Board
reviewed their attendance at events during the previous week.

11. LEGAL MATTERS:
Mr. Haas, Ms.
Phippen, and Mr. Wheeler addressed the Board to discuss the
request received from Richard Ward, owner of Ward Recycled
Products, to screen aggregate on site to prepare it for removal. Ms. Phippen
explained that after last week’s discussion with the Board, she contacted Mr.
Ward to receive further detail about his request. Mr. Ward stated he would like
approval to screen for up to ten days to prepare aggregate for removal. He also
requested approval to exceed the five trip limit implemented by the Board at
the hearing on June 1, 2009.

After some discussion, Commissioner
Johnson stated that he was uncomfortable proceeding in the current manner and
suggested the Board require Mr. Ward to submit a formal request and reappear
before the Board during a scheduled hearing. Chair Rennels and Commissioner
Donnelly strongly agreed. Chair Rennels requested any fees that would normally
accompany the process be waived.

Commissioner Donnelly instructed staff
to notify all attendees of the June 1,2009, Land Use Hearing, as
well as those attendees of the Planning Commission Hearing, of the date and
time of the new hearing once it is scheduled.